This is the first description of the questions that clinicians ask a department of clinical law, relating to the legal rules applicable to the care of their patients.ObjectivesTo describe in detail the demography of clinical legal enquiries made by clinicians of all professions concerning the care of their patients. To collate and categorise the varieties of enquiry, to identify phenotypic patterns. To provide colleges, regulators, commissioners, educators and the NHS with an insight into hitherto undescribed subject matter, better to understand (...) and respond to this aspect of clinical practice.DesignProspective collection of all clinical legal referrals recorded in writing over 12 years by a department of clinical law.SettingAn English Tertiary Hospital NHS Trust.ParticipantsClinical staff of the regulated professions, all seeking to have their clinical legal enquiries answered.Main outcome measuresThe description of the demography of clinical law.Results1251 written records were identified and reviewed. These were divided into nine broad clinical legal subject areas (domains): mental disorders, parents and children, incapacity, consent for treatment, disclosure of private information, other statutory, regulated practice, professional practice, clinical practice. Within these, 149 clinical legal phenotypes were identified to which each case could be assigned.ConclusionsAmong a broad range of enquiries, recognisable clinical legal phenotypes exist and have for the first time been described and categorised. These are clinical situations which clinicians need to be able to recognise and equipped to deal with. Doing so will likely facilitate timely and better treatment. (shrink)

The publication of this joint book by the founder of generative metrics and a distinguished literary linguist is a major event.1 F&H take a fresh look at much familiar material, and introduce an eye-opening collection of metrical systems from world literature into the theoretical discourse. The complex analyses are clearly presented, and illustrated with detailed derivations. A guest chapter by Carlos Piera offers an insightful survey of Southern Romance metrics.

Structural equations have become increasingly popular in recent years as tools for understanding causation. But standard structural equations approaches to causation face deep problems. The most philosophically interesting of these consists in their failure to incorporate a distinction between default states of an object or system, and deviations therefrom. Exploring this problem, and how to fix it, helps to illuminate the central role this distinction plays in our causal thinking.

To what extent is the scientist's endeavor qua scientist influenced by his philosophic image of himself? A preliminary and partial answer to this question is suggested by a study of eight physiological thinkers of the second half of the eighteenth century, a period during which biology was much influenced by the scientific and philosophical ideas of Isaac Newton. At this time, physiologists invoked certain "principles," "properties," and "powers" which were deemed useful as explanatory devices, even though they could not themselves (...) be explained. The use of these devices in physiology was often defended in terms of their supposed similarity to devices used in mathematics and Newtonian physics. The results of this practice are considered critically, partly in the light of current studies of scientific explanation. (shrink)

The professor announces a surprise exam for the upcoming week; her clever student purports to demonstrate by reductio that she cannot possibly give such an exam. Diagnosing his puzzling argument reveals a deeper puzzle: Is the student justified in believing the announcement? It would seem so, particularly if the upcoming 'week' is long enough. On the other hand, a plausible principle states that if, at the outset, the student is justified in believing some proposition, then he is also justified in (...) believing that he will continue to be justified in believing that proposition. It follows from this 'confidence' principle that the student is not justified in believing the announcement, regardless of the number of days in the week. I argue that the key to resolving this dilemma is to distinguish the confidence principle from a slightly weaker principle governing the student's justified degrees of belief. Representing these degrees of belief as probabilities, and taking 'justified belief' to mean 'justified degree of belief above a certain threshold', I show that we can uphold the weaker, probabilistic analog to the confidence principle, and maintain that, provided the 'week' is long enough, the student can justifiably believe the announcement. The resulting probabilistic analysis of the story leads to a new diagnosis of the logical flaw in the student's reasoning, and suggests, finally, that even those early stages of it which are logically impeccable exhibit another kind of flaw: circularity. (shrink)

Lewis's work on causation was governed by a familiar methodological approach: the aim was to come up with an account of causation that would recover, in as elegant a fashion as possible, all of our firm “pre‐theoretic” intuitions about hypothetical cases. That methodology faces an obvious challenge, in that it is not clear why anyone not interested in the semantics of the English word “cause” should care about its results. Better to take a different approach, one which treats our intuitions (...) about cases merely as guides in the construction of a causal concept or concepts that will serve some useful theoretical purpose. I sketch one central such purpose, suggesting, first, that an account of causation that, like Lewis's, gives a central role to counterfactuals is well‐suited to fulfill it, and, second, that the most famous pre‐emption‐based counterexamples to a counterfactual account yield an important constraint on a successful account. (shrink)

The authors comments on several articles on addiction. Research suggests that addicted individuals have substantial impairments in cognitive control of behavior. The authors maintain that a proper study of addiction must include a neurobiological model of addiction to draw the attention of bioethicists and addiction neurobiologists. They also state that more addiction neuroscientists like S. E. Hyman are needed as they understand the limits of their research. Accession Number: 24077921; Authors: Carter, Adrian 1; Email Address: adrian.carter@uq.edu.au Hall, Wayne 1; (...) Affiliations: 1: The University of Queensland, Brisbane, Australia; Subject: EDITORIALS; Subject: ADDICTIONS; Subject: BEHAVIOR; Subject: HYMAN, S. E.; Subject: NEUROBIOLOGISTS; Subject: NEUROSCIENTISTS; Number of Pages: 3p. (shrink)

‘The Image of Thought’ could be considered to be the most important piece of writing in the entire Deleuzian corpus. This is the chapter of Difference and Repetition that several decades later, Deleuze claims is the ‘most necessary and the most concrete’ (Deleuze 1994: xvii) section of the book, and the one that provides a basis for his later work with Guattari. Here, Deleuze engages with two basic issues. First, he separates out his conception of thinking, and with it, philosophy, (...) from prior philosophical approaches, explaining why the difference of his philosophy from prior systems itself differs from the traditional relationship between philosophical positions. Second, he raises the question of how one should begin to philosophise. As we will see, philosophy often operates by the recognition of implicit presuppositions in prior thinkers, and their refutation. Descartes, for instance, criticises Aristotle for presupposing the transparency of categories such as rational and animal. Kant, in turn, criticises Descartes for presupposing the determinability of his own foundational moment, the cogito. If we see the development of philosophy as the unmasking and critique of presuppositions of prior systems, then the endpoint of philosophy will be a system entirely without presuppositions. This is the goal Hegel aims at with his system of absolute idealism. Deleuze’s claim is that such a model of the progress of philosophy itself operates within one overarching assumption: the good will of thinking. In this essay, I want to relate these questions of thinking and beginnings to the work of one of Deleuze’s predecessors. Deleuze writes of Ludwig Feuerbach that ‘Feuerbach is among those who have pursued farthest the problem of where to begin.’ (Deleuze 1994: 319) As we shall see, prefiguring Deleuze, Feuerbach accuses Hegel of operating within ‘an image of Reason’. While Feuerbach is famous as a precursor of Marx, and for his critique of traditional accounts of religion, I want to here focus on an early piece by Feuerbach, his Critique of Hegelian Philosophy. Here Feuerbach sets out the limitations of traditional philosophical accounts, and provides the groundwork for his own later materialism. Deleuze discovered Feuerbach through his friend Althusser’s translation of his work, published in 1960. While many of the intuitions behind Deleuze’s critique of the image of thought can be found within a broader pantheon of thinkers, including Nietzsche, Bergson, and Foucault, the specific mechanics of Deleuze’s criticism bear a striking resemblance to the formulation of the critique of philosophy in Feuerbach’s earlier thought. I want to explore this connection, first by looking at the dialectical interrelation of two thinkers, Descartes and Hegel, to get a sense for how criticism in philosophy typically operates. I then want to move on to look at Feuerbach’s critique of Hegel and philosophy more generally, drawing out several aspects that will be taken up by Deleuze himself. I will then look at some of the ways in which Deleuze goes beyond Feuerbach by recognising some of the limitations that persist in Feuerbach’s own analysis. I will conclude by showing how Deleuze’s desire to think the two common acceptations of aesthetics together (the artistic and the sensible) bring Feuerbach into relation with an unexpected figure: the playwright and poet, Antonin Artaud. (shrink)

The aim of this paper is to develop a consistent reading of Deleuze and Guattari’s account of capitalism by taking seriously their use of Kant’s philosophy in formulating it. In Sect. 1, I will set out the two different roots of the term axiomatic in Deleuze and Guattari’s thought. The first of these is the axiomatic approach to formalising fields of mathematics, and the second the Kantian account of the indeterminate relationship between the transcendental unity of apperception and the transcendental (...) object. In Sect. 2, we will see how this transcendental aspect of Deleuze and Guattari’s account of axiomatics is expressed in the notion of binding, which Deleuze and Guattari take to be a process that forces us to understand a field of entities in a certain manner, namely as clearly delimited and deployed in a homogeneous space. I will argue that this process of binding operates as a transcendental condition for capitalism for Deleuze and Guattari. Section 3 addresses some of the details of the capitalist axiomatic itself, drawing out why a Kantian reading of Deleuze and Guattari’s account of the axiomatic provides a response to some of the criticisms of it. Section 4 then analyses Deleuze and Guattari’s account of the outside of capitalism, using the double signification of the noumenal to understand the complex relationship between what they call the war machine and its representation within the axiomatic. (shrink)

In this chapter I want to explore a comment made by the French philosopher Gilles Deleuze that presents a connection between two figures: Kant and Hamlet.1 In his most important early work, Difference and Repetition, Deleuze writes, “the Northern Prince says ‘time is out of joint’. Can it be that the Northern philosopher says the same thing?” (Deleuze 2004, 111). In this chapter, I want to look at the question of drama and see how different conceptions of drama allow us (...) to understand action, or more precisely inaction, in Shakespeare’s Hamlet. I want to show how these different conceptions of dramatic action tell us something about the nature of temporality. I will begin by reversing Hamlet’s claim, and discussing what time “in joint” would look like, tracing it back to Aristotle’s conception of drama, before moving on to Plato’s characterization of temporality. (shrink)

Interest in NFIB v. Sebelius has been extraordinarily high, from as soon as the legislation was passed, through lower court rulings, the Supreme Court’s grant of certiorari, and the decision itself, both for its substantive holdings and the purported behind-the-scene dynamics. Legal blogs exploded with analysis, bioethicists opined on our collective responsibilities, and philosophers tackled concepts like ‘coercion’ and the activity/inactivity distinction. This volume aims to bring together scholars from disparate fields to analyze various features of the decision. It comprises (...) over twenty essays from a range of academic disciplines, namely law, philosophy, and political science. Essays are divided into five units: context and history, analyzing the opinions, individual liberty, Medicaid, and future implications. (shrink)

This book offers a rich collection of voices from diverse settings and illustrates ways in which lectio divina as a contemplative practice can transform teaching and learning. Drawing on holistic education and embodied learning, lectio divina empowers teachers and roots students in their own meaning making.

The aim of this paper is to provide a close reading of Deleuze's complex account of Freud's Beyond the Pleasure Principle in Difference and Repetition. The first part provides a reading of Beyond the Pleasure Principle itself, showing why Freud feels the need to develop a transcendental account of repetition. In the second, I show the limitations of Freud's account, drawing on the work of Weismann to argue that Freud's transcendental model mischaracterises repetition. In the third part, I show how (...) Freud's account of the death drive is shadowed by Deleuze's own non-representational transcendental account. (shrink)

_ Source: _Volume 47, Issue 1, pp 85 - 107 The aim of this paper is to demonstrate the importance of Henri Bergson to the philosophical development of Jean-Paul Sartre’s thought. Despite Sartre’s early enthusiasm for Bergson’s description of consciousness, and the frequent references to Bergson in Sartre’s early work, there has been virtually no analysis of the influence of Bergson’s thought on Sartre’s development. This paper addresses this deficit. The first part of the paper explores Sartre’s analysis of the (...) function of the imagination in his two early works on the subject, _The Imagination_, and _The Imaginary_. I argue that many of Sartre’s central criticisms of what he calls “the illusion of immanence” can be traced back to Bergson, and that, despite Sartre’s rejection of Bergson’s account of consciousness, Sartre’s account of the imagination is still heavily indebted to Bergson’s logic of multiplicities. The second part argues that Sartre’s analysis of the imagination leads, in _Being and Nothingness_, to an account of freedom that still bears traces of his early Bergsonism, even if it reverses the direction of Bergson’s own analysis of freedom. (shrink)

In ‘Liberal individualism and Deleuzean Relationality,’ Clegg, Murphy, and Almack argue that the ability to choose has become something of a dogma in the management of intellectual disability, and one that sits badly with the heterogeneity of those with intellectual disabilities. They argue for a move away from choice as the primary ethical category to an ethics of relationality, following from the work of Deleuze and Guattari, to offer a more nuanced and stable form of care. In this commentary, I (...) set out the theoretical considerations that Deleuze and Guattari take to underlie such an ethics, and then briefly question the focus of their uptake of Deleuze and Guattari. Although Deleuze and Guattari may... (shrink)

The American Journal of Bioethics, Volume 11, Issue 12, Page 66-67, December 2011.

Do you think that philosophy is an activity for old men in sandals with long white beards? Or people who sit under trees and wait to be struck on the head by apples? If so, then you owe it to yourself to explore the insights of this book. In conversational yet artful prose, James H. Hall reveals the many ways that you can actually enjoy and use philosophy in the course of your everyday experience. Rather than presenting philosophy as (...) an endless list of ancient truths revealed by geniuses, or as instant wisdom, Hall presents philosophy as a concrete, practical enterprise that, once you've seen how it works, you can continue on your own. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:167 THE HUME LITERATURE FOR 1982 The Hume literature from 1925 to 1976 has been thoroughly covered in my book Fifty Years of Hume Scholarship: A Bibliographical Guide (Edinburgh University Press, 1978; £9.50), which also lists the main earlier writings on Hume. Publications of the years 1977 to 1981 were listed in Hume Studies in previous Novembers. What follows here will bring the record up to the end of (...) 1982. Readers are invited to inform me of any omissions, and to send me offprints of their own articles and reviews. The intention is to maintain a complete bibliographical record of critical work on Hume, by the regular publication in Hume Studies of an annual bibliography, with addenda consisting of items omitted through ignorance in previous years. References to recently-appearing reviews (of books from earlier lists) are given at the end. The following abbreviations of journal titles are used here: APQAmerican Philosophical Quarterly JHIJournal of the History of Ideas JHPJournal of the History of Philosophy JPJournal of Philosophy PASProceedings of the Aristotelian Society PBPhilosophical Books PQPhilosophical Quarterly PRPhilosophical Review RIPRevue Internationale de Philosophie RMReview of Metaphysics TLSTimes Literary Supplement Other abbreviations should be obvious enough, and mainly follow the British Standard (no. 4148). 168 AIKEN, H. D. 'The Originality of Hume's Theory of Obligation', Phil. & Phenomenol. Res. 42, 374-83. BADIA CABRERA, M. A. 'Milagro, testimonio y verdad. El significado de la crítica de Hume', Dialogos (Puerto Rico) 17, 37-52. BAIER, A. 'Hume's Account of our Absurd Passions', JP_ 79, 643-51. [652] BARON, M. 'Hume's Noble Lie: An Account of his Artificial Virtues', Can. J. Phil. 12, 539-55. BERRY, CJ. Hume, Hegel and Human Nature, pt. 2 (55124 ). The Hague, etc. [Hume Studies 9 (1983) 200-3] BERRY, CJ. 'Hume on Rationality in History and Social Life', History & Theory 21, 234-47. BUNZL, M. 'Humean Counterfactuals', JHP 20, 171-7. CALLICOTT, J. B. 'Hume's Is/Ought Dichotomy and the Relation of Ecology to Leopold's Land Ethic', Environmental Ethics 4, 163-74. CAPALDI, N., KING, J. & LIVINGSTON, D. 'The Hume Literature of the 1970s', Philosophical Topics 12, no. 3, 167-92. COLWELL, G.G. 'On Defining Away the Miraculous', Philosophy 57, 327-37. DAVIES, B. An Introduction to the Philosophy of Religion, 52-9 and 108-18. Oxford. DEL BARCO COLLAZOS, J. L. 'Evidencia y verdad en la epistemologia de Hume', Anuario filosófico 15, 175-84. DEL BARCO COLLAZOS, J. L. 'La teoría de la impresión en Hume', Anuario filosofico 15, 85-112. DRAPER, T. 'Hume and Madison: The Secrets of Federalist Paper No. 10', Encounter 58, (Feb.) 34-47. FARR, J. 'Humean Explanations in the Moral Sciences', Inquiry 25, 57-80. FERN, R. L. 'Hume's Critique of Miracles: An Irrelevant Triumph', Relig. Studies 18, 337-54. FITZPATRICK, J. 'Lonergan and Hume [I-IV: various aspects]', New Blackfriars 63, 122-30, 219-28, 275-86, 364-72. 169 FLAGE, D.E. 'Relative Ideas Revisited: A Reply to Thomas', Hume Studies 8, 158-71. FLAGE, D.E. 'Hume's Dualism', Nous 16, 527-41. FLEW, A. 'Another Idea of Necessary Connection', Philosophy 57, 487-94. FLEW, A. '"Hume on Space and Geometry": One Reservation ', Hume Studies 8, 62-5. [66-9] FORBES, D. 'Natural Law and the Scottish Enlightenment', in R. H. Campbell & A. S. Skinner, The Origins and Nature of the Scottish Enlightenment, 186204. Edinburgh. FORCE, J. E. 'Hume and Johnson on Prophecy and Miracles: Historical Context', JH_I 43, 463-75. FRIEMAN, J. 'Boswell Confronts Hume: An Encounter with the Great Infidel', Free Inquiry 2, 22-5. GALGAN, G.J. The Logic of Modernity, 118-36 ('Hume: The Breakdown of Certitude'). New York S London. HALL, R. 'The Hume Literature for 1981', Hume Studies 8, 172-7. HALLER, R. Urteile und Ereignisse, 76-85 ('Humes Analyse'). Munich. HAUSMAN, A. 'It Ain't Necessity, So... (with Apologies to George Gershwin)', Hume Studies 8, 87-101. HILL, E. 'Hume and the Delightful Tragedy Problem', Philosophy 57, 319-26. HOERSTER, N. 'David Hume', in N. Hoerster, Klassiker des philosophischen Denkens, vol. 2, 7-46. Munich. JONES, G. E. 'Vindication, Hume and Induction', Can. J. Phil. 12, 119-29. JONES, P. 'Laughter', PAS... (shrink)

CITATION: Ewuoso, C., Hall, S. & Dierickx, K. 2017. How do healthcare professionals manage ethical challenges regarding information in healthcare professional/patient clinical interactions? a review of concept- or argument-based articles and case analyses. South African Journal of Bioethics and Law, 10:75-82, doi:10.7196/SAJBL.2017.v10i2.610.